Page:Public Order Act 1986.pdf/17

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(2) In this Part “recording” means any record from which visual images or sounds may, by any means, be reproduced; and references to the distribution, showing or playing of a recording are to its distribution, showing or playing to the public or a section of the public.

(3) In proceedings for an offence under this section it is a defence for an accused who is not shown to have intended to stir up racial hatred to prove that he was not aware of the content of the recording and did not suspect, and had no reason to suspect, that it was threatening, abusive or insulting.

(4) This section does not apply to the showing or playing of a recording solely for the purpose of enabling the recording to be broadcast or included in a cable programme service.

22.—(1) If a programme involving threatening, abusive or insulting visual images or sounds is broadcast, or included a cable programme service, each of the persons mentioned subsection (2) is guilty of an offence if—
 * (a) he intends thereby to stir up racial hatred, or
 * (b) having regard to all the circumstances racial hatred likely to be stirred up thereby.

(2) The persons are—
 * (a) the person providing the broadcasting or cable programme service,
 * (b) any person by whom the programme is produced or directed, and
 * (c) any person by whom offending words or behaviour are used.

(3) If the person providing the service, or a person by whom the programme was produced or directed, is not shown to have intended to stir up racial hatred, it is a defence for him to prove that—
 * (a) he did not know and had no reason to suspect that the programme would involve the offending material, and
 * (b) having regard to the circumstances in which the programme was broadcast, or included in a cable programme service, it was not reasonably practicable for him to secure the removal of the material.

(4) It is a defence for a person by whom the programme was produced or directed who is not shown to have intended to stir up racial hatred to prove that he did not know and had no reason to suspect—
 * (a) that the programme would be broadcast or included in a cable programme service, or